Court : Mumbai
..... green world corporation((2009) 7 scc 69), and in particular paragraphs 53 and 55 to 57. in the present case, dr. bharat bhushan acted at the behest of the respondent no.2 minister. 50. mr. seervai submitted that apart from dr. nalini bhat being disqualified as having attended nczma meeting on 11.11.2010, presence ..... nilengekar patil by approving the subject plot to adarsh society without authority. mr. sushilkumar shinde failed to pay due attention to the suggestion made by the finance department. it was further observed that the least that we can say is that the entire issue smacks of undue haste and desire to bestow benefit ..... after obtaining clearance from concerned authorities, the construction activities can be carried out after obtaining permissions from the concerned planning authorities. question no.1 is answered accordingly. re: question no.(2) (2) if answer to the above question is in the affirmative then who is the appropriate authority to grant clearance during the periods between .....
Tag this Judgment!Court : Mumbai
..... the petitioners came to be granted the time bound promotion. thus, the petitioners remained hopeful for a long time, but to no avail. (emphasis supplied) 14. shri sanjay dagadu khedekar, under secretary (finance), in his affidavit-in-reply filed on behalf of the state, has not denied the aforesaid averments. at paragraph 3 of ..... their pay, and conditions of employment are altogether different from persons appointed in the regular establishment against sanctioned posts after following the procedure prescribed under the relevant acts or the rules and their duties and responsibilities are also substantially different than those of regular employees. the hon'ble supreme court, upon reference to several ..... 10 and 11) we are of the view that the tribunal fell into patent error in dismissing the application of the appellant. a bare reading of para 2(ii) of the executive instructions dated may 20, 1980 shows that the transferee is not entitled to count the service rendered by him/her in the former .....
Tag this Judgment!Court : Mumbai
..... must be seen in the backdrop of the above. further, there is merit in the contention of mr. samdani that it is not just the act of petitioner nos. 1 and 2, but petitioner no. 3 as well, which are termed, by the state, as vitiated by trickery. the third petitioner was aware of all the consequences that would ..... the same forthwith. we find that the petitioners are aware of the competent authority's orders under section 8(4), 9 and 10 of the ulc act. petitioner nos. 1 and 2 do not deny that if statement under section 9 is served on the person concerned, then, the competent authority shall cause a notification to be published ..... act) in the state of maharashtra with effect from 29th november, 2007. though physical possession of these lands is with the state and not challenged by the owners and surplus vacant land holders at the relevant time, now they raise such challenge being financed by builders and developers. builders and developers and particularly those amongst them who have no .....
Tag this Judgment!Court : Mumbai
..... as on 31st march 2002, jointly and severally from daewoo motors private limited ( daewoo ), by then in liquidation, and daewoo corporation, a holding company (respondents nos. 2 and 3 before us). icici bank also sought further interest at an contractual rate with quarterly rests from 1st april 2002, and sought realization and enforcement of its ..... ms. sethna s submission is, first, that arcil being regulated by the terms of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 ( sarfaesi act ) and being an assignee of the original lender, icici bank, elected to conduct a purely private treaty sale. according to ms. sethna, such a private ..... correct in his submission that this is in fact the exclusive jurisdiction of the recovery officer in view of sections 17 and 18 of the drt act. no civil court and no company court could ever have gone into the questions of liability and recovery. that law is now well-settled (allahabad bank v canara bank, .....
Tag this Judgment!Court : Mumbai
..... protection either under the provisions of the bombay rents, hotel and lodging house rates control act, 1947 or under the provisions of the maharashtra rent control act, 1999. 17. it is submitted that the valuer appointed by the respondent no.2 has rightly considered the measurement of the suit property and has rightly considered the additional ..... the petitioners shall be directed to pay market rent as determined by the learned valuer in the valuation report submitted by the respondent no.2. 19. mr.godbole, learned counsel for the respondent no.2 placed reliance on the judgment of the supreme court in the case of state of maharashtra and anr. vs. super max international ..... considered or not in the valuation report and other material produced by the parties. in my prima facie view the valuation report submitted by the respondent no.2 can be considered as authentic and can be relied upon by determining the compensation. however i do not propose to determine the compensation fully as recommended .....
Tag this Judgment!Court : Mumbai
..... and set aside. the appeal stands allowed and consequently the order dated 31st august, 2015 passed by the sub-divisional magistrate, solapur no.2, solapur in exterment proceedings no.mag/sr/06/2015 externing the petitioner from solapur, pune and osmanabad districts for a period of one year is quashed and set aside ..... as extensive as the districts of sholapur, satara, and poona. these areas were far widely removed from the locality in which the externee had committed his illegal acts. the exercise of the power was, therefore, arbitrary and excessive, the order having been passed without reference to the purpose of the externment was quashed." "8 ..... pune and osmanabad is suffering from vices of excessiveness. perusal of the proposal dated 7th june, 2014 by the police inspector, south akkalkaot police station, solapur acting upon which the externment proceedings against the petitioner came to be initiated goes to show that in all five offences against the petitioner were registered at south .....
Tag this Judgment!Court : Mumbai
..... by the said arbitral award dated 17th february, 2012, the respondent herein filed an application under section 34 of the arbitration and conciliation act before the district court nashik (arbitration case no.9 of 2012). by an oral judgment dated 30th june, 2015 the learned principal district judge, nashik allowed the said application filed by ..... judgment dated 30th june, 2015 passed by the district court, nashik allowing the arbitration application filed by the respondent herein under section 34 of the arbitration act and setting aside the impugned award dated 17th february, 2012. the appellant herein was the original claimant whereas the respondent herein was the original respondent in ..... arbitral proceedings. some of the relevant facts for the purpose of deciding this appeal are as under:- 2. it is the case of the appellant that the appellant and the respondent entered into an agreement being contract no.aur-19a dated 23rd september, 2010 for 1200 fully pressed bales of cotton at rs.36,400 .....
Tag this Judgment!Court : Mumbai
..... in juhu. now section 47 requires use of the marks as registered: it speaks specifically of a registered mark . the trade marks act, 1999 defines the terms mark (section 2(m).)and registered mark (section 2(w)). section 2(2)(b) says that any reference to the use of a mark is to be construed as a reference to the use of the ..... only the word mumbai beneath palms hotel (plaint, ex. h , p. 60; defendants compilation, vol. iii, p. 342). 13. as to the phonetic similarity, there can be no doubt; certainly no one is going to make that over-subtle distinction between the singular and the plural. but i imagine it ends at that. the other elements in the defendants mark ..... : plaint, ex. e , p. 49. this was subject to a limitation or disclaimer regarding the use of the letters rr except as shown in the label. there is no claim in infringement in respect of this mark).two years later, on 7th september 2006, the plaintiff obtained registration (number 1485204) of a device mark palm grove juhu-mumbai , .....
Tag this Judgment!Court : Mumbai Nagpur
..... on the date of making of an award under section 11 or before taking possession of the land under section 17 of the said act. except section 34, there is no other provision in the said act, to cover the aspect of payment of interest for such period. 15. in the decision of the apex court in case of dr ..... constitution of india contain a power of eminent domain to appropriate the private property, which should satisfy two tests - (i) the acquisition is for public purpose, and (ii) the payment of adequate compensation, which should not be less than the market value of the land. the legislature can deprive a person of his property only in the ..... circulating in that locality and the collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality. sub-section (2) provides that, thereupon it shall be lawful for any officer, either, generally or specially, authorized by such government in this behalf, and for his servants and workmen, .....
Tag this Judgment!Court : Mumbai Nagpur
..... : 1. heard shri m. anil kumar, advocate for the applicant and shri k.r. lule, additional public prosecutor for the non-applicant no.2. none appears for the non-applicant no.1 though served. the non-applicant no.1 is served by publishing notice in newspaper. the orders dated 18-07-2014, 01-08-2014, 08-09-2014, 27-11-2014 ..... , ceases to exercise jurisdiction therein and is succeeded by another (judge or magistrate) who has and who exercises such jurisdiction, the (judge or magistrate) so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself. provided that if the succeeding (judge or magistrate) is ..... taken over the charge of the court when the trial was midway has not committed any irregularity or illegality by proceeding with the trial from the same stage and acting on the evidence recorded by his predecessor. in support of the submission, the learned advocate has relied on the judgment given in the case of j.v. .....
Tag this Judgment!